October 27, 2003

A regular meeting of the
Jamestown Town Council was called to order at the Jamestown Philomenian
Library, 26 North Road, at 6:05 PM by Council Vice President David J.
Long.The following members were
present:

Councilor Settipane rescused himself from
the executive session at 6:35 PM.

Following the Council’s return to regular session at 7:00 PM, it was moved by Vice President Long,
seconded by Councilor DiGiando to seal the minutes of the executive
session.It was voted Councilor Ferguson,
aye; Councilor DiGiando, aye; Councilor Long, aye; Council President Littman;
aye; Councilor Settipane recused from the vote.

A presentation was given by Christopher Powell from the
Department of Environmental Management, Division of Fish and Wildlife,
regarding their request for Council approval to allow RIDEM to undertake the
development of a marina plan for the docking of research vessels.Mr. Powell’s presentation included a draft
site plan.

Mr. Powell stated that pursuant to the Memorandum of
Understanding between the State of Rhode Island
and the Town of Jamestown, prior to
any modifications at the marina or basin area of FortWetherill by either the Town or the
State, written approval of the other must be obtained.

Mr. Powell noted that the proposed modifications would
enable the Division of Fish and Wildlife to dock their research vessels at FortWetherill.Mr. Powell informed the Council that the
fleet includes a 50’ vessel, a 29’ Dyer, two 21’ boats, a
18’ boat, a 16’ boat and a 14’ boat.Mr.
Powell noted that the requested modification does not go outside of the
bulkhead area.Once the Town has given
their permission for the development of a marina plan for docking their
research vessels, plans will be submitted to CRMC for their approval.Mr. Powell reviewed the placement of the
fleet dockage.

Joseph Medeiros, Fort Wetherill Boat Owners Association
representative, stated that the plans indicate that the pilings for the new
research vessel are right up against the bulkhead when they are in fact two to
three feet away and that the boat is nine or ten feet away from the dock.

Mr. Powell noted that there will be a straight bulkhead with
four fender piles and the research boat will be against those piles.The width of the slip is approximately 22’.

Mr. Medeiros stated that he is concerned with the layout of
the marina.Additionally, there was a
concern with the length of the access ramp.

Mr. Powell indicated that the draft presented to the Council
would be reviewed by a marina designer.

Councilor Settipane enquired how this plan would impact the
language in the Memorandum of Understanding (Page 2), which states:Except for the wharf rights granted to the
TOWN hereunder,( the Division of Fish and Wildlife shall manage and maintain
the wharf for its vessels and the boat storage and parking areas as shown on
Exhibit A and agrees that it will not extend the wharf into the existing basin
north or east of the Premises or undertake any improvement which would reduce
the open water in the basin or reduce access to the basin without the prior
written approval of the TOWN.)Additionally, Councilor Settipane asked if the boat swings on the
southeast corner would encroach on the perimeter and what arrangements have
been made for public access.

Mr. Powell stated that the bulkhead is available for public
access.Mr. Powell noted that there is
approximately 170’ of dockage.Councilor
Settipane asked if there could be a portion of that for public access.

Councilor Settipane inquired into the possibility of
including language ensuring dockage for the Harbormaster boat.Also, Councilor Settipane suggested
permission for the use of the parking area for off hours parking.

It was the consensus of the Council that
Mr. Powell provide a drawing to scale for their review.

The Town Administrator suggested that the information be
presented on the same scale and class as the present survey for that area.

It was the consensus of the Council that additional
information be provided by Mr. Powell at the next
Council meeting on November 10, 2003.

SITTING AS ALCOHOLIC
BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items # 1 (a), 4
(b) be removed from the Consent Agenda.Councilor Settipane abstained from the vote on 4 (b).It was moved by Councilor Settipane seconded
by Councilor Long to approve the Consent Agenda as amended.So unanimously voted.The Consent Agenda consisted of the following

a)Application of Starlet O. Snell et,
whose property is located at 74 Steamboat St.; Plat 5, Lot 84 for a variance
from Article 3, Lot 308 (Setback from Freshwater Wetlands) to construct a
bottomless sand filter 72’ from the freshwater wetlands (150’being the
requirement) and a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to build a garage 10’ from the northerly lot line (20’ being the requirement.)Said property is located in a R40 zone and
contains 21,400 sq. ft.

b)Application
of Longvue Enterprises LLC, whose property is located at 56 Ocean Ave.; Plat 8,
Lot 34 for dimensional variances from Article 3, Section 300 and 302 and Table
3-2 (District Dimensional Regulations) to construct an addition to an existing
dwelling, or new dwelling, which will be 14’6” from the front (westerly) lot
line, 30’ required and 3’9” from the northerly lot line, 10’ required.Said property is located in a R20 zone and
contains 9,250 sq. ft.

Councilor Settipane requested that the Town Clerk include
additional information provided by Mr. Summerly regarding the impact of the wet
season and higher water levels contributing to increased turbidity, which resulted
in the findings of some of the VOCs (Volatile Organic Compounds) that hadn’t
been located or detected in some of the prior testing.

It was moved by Council President Littman, seconded by
Councilor Long to approve 4 (b) on the Consent Agenda.So voted with four in favor
and Councilor Settipane recused.

EXECUTIVE SESSION
ANNOUNCEMENT

Previously announced.

1)Pursuant to RIGL 42-46-5 (a) (2)
Litigation

PUBLIC HEARINGS

1)Proposed Amendment to the Jamestown
Zoning Ordinance related to Low & Moderate Income Housing (duly advertised
for public hearing in the Jamestown Press on 10/9, 10/16, and 10/23/2003)

Council President Littman opened the public hearing at 7:45 PM.President Littman noted that the proposed amendment adds a new Article , Section 17 Low and Moderate Income Housing to the
Jamestown Zoning Ordinance.

The Town Planner stated that this Article takes the State
law regarding the Low and Moderate Income Housing Act and makes it more
specific for our local needs.It sets up
a process for the Zoning Board to follow as well as putting the applicant on
notice as to what information that the Zoning Board will be requiring in order
to review their application.

Ms. Bryer informed the Council that the Planning Commission
has worked with the Town Solicitor to provide the Council with an updated
version of the amendment.

Council President Littman inquired if this was the
advertised amendment.Ms. Bryer stated
that a summary of the amendment was advertised; the changes presented this
evening are in line with State law.Ms.
Bryer reviewed the changes:

Section 1700 – Authority to Grant a Comprehensive Permit

First paragraphRemoveor if the proposal involves a land
subdivision, the Planning Board

Section 1703 – Application procedure

(E)RemoveZoning

AddPermitting

RemoveIncomplete applications shall be
returned to the applicant or its authorized agent or
representative with
instructions for completion. Completed applications
shall be received by the Permitting Board
as of the date of certificate of completeness by the Boar,
and shall immediately scheduled for a public hearing and notice thereof
shall be sent to the applicant.

(F)RemoveZoning

AddPermitting

Removeand shall schedule its review for
the next available Zoning Board meeting

RemoveZoning

Section 1704 – Notice and hearing

(A)Removecompleted as defined herein

AddInitially, the Permitting Board
shall address any outstanding issues as to the
completeness of the application
and shall after review of the application and
the recommendation of the Committee, certify the
application as either complete or incomplete. When an
application is certified as incomplete, the Permitting Board shall adjourn the
Public Hearing until
the applicant has submitted the information and
documents which the Permitting Board has indicated
are necessary to make the application complete.

Section 1705 – Decisions

(A) RemoveZoning

Section 1706 – Timing of hearing and decisionRemove Section 1706

Council President Littman asked if this amendment would make
it unduly burdensome to file a permit for low to moderate income housing.

Councilor Settipane inquired if the process could be
streamlined for the small developer such as for a four-unit development,
perhaps using administrative discretion.

The Town Planner commented that the Jamestown Comprehensive
Plan clearly encourages the development of smaller units scattered throughout
the Town.The items that are required to
be provided to the Zoning Board are considered a minimum.If a project is above and beyond that minimum
or there are questions about a specific project, the Zoning Board is able to
ask for additional information.Ms.
Bryer noted that it is her opinion that this amendment is not overly
burdensome.

Councilor Settipane indicated that he would like to see
language added to streamline the process.Additionally, Councilor Settipane requested that the following change be
made:

Section 1703 – Application procedure

(F)AddAnysubstantive
change requested …

The Town Solicitor proposed that the Council consider
adopting the amendment with the changes as submitted.The Town Solicitor could then be instructed
to consider a further amendment to be presented at a later date, if consistent
with State law and experience with other communities for a way to encourage
smaller units through a process which is made to appear to be more user friendly and less burdensome.

Council President Littman invited public comment.

Representative Long asked if this amendment along with the
Comprehensive Plan provides for moving toward the ten percent requirement as
mandated by statute.

The Town Planner stated that the Planning Commission has
reviewed suggested language changes to the Comprehensive Plan and submitted
that to the State for their approval.Once it is returned, there will be a hearing held and the language, if
adopted, will be added to the Comprehensive Plan.Additionally, the Town Planner informed the
Council that the Town has applied for two grants for the strategic housing
plan.

Representative Long asked if it would be possible to compel
the developer to pay for expert testimony.

Councilor Settipane indicated that there was a recent
decision that would allow such a charge back.

The Town Solicitor noted that any provisions for a charge
back would need to be included in the Town’s Code of Ordinance.

The Town Planner inquired if the changes presented by the
Planning Commission would require readvertising.

The Town Solicitor advised that the changes as presented by
the Planning Commission and the change requested by Councilor Settipane do not
require readvertising.

It was moved by Councilor Settipane, seconded by Council
President Littman to add the word substantive to Section 1703 (F) (after the
word “Any” and before the word “change”).So unanimously voted.

It was moved by Council President Littman, seconded by
Councilor DiGiando to close the public hearing.So unanimously voted.

It was moved by Councilor DiGiando, seconded by Councilor
Long to adopt the proposed amendment to the Zoning Ordinance, Article 17 – Low
and Moderate Income Housing, as presented by the Planning Commission with the
proposed changes.So
unanimously voted.

It was moved by Councilor Settipane, seconded by Council
President Littman to instruct the Town Solicitor to prepare an amendment for
the Section 17 – Low and Moderate Income Housing to develop a more streamlined
application process for a minor application for the development of low to
moderate income housing, subject to consistency with State law.So unanimously voted.

It was the consensus of the Council to
also have the Town Solicitor propose language relating to charge-backs
for subdivisions and low to moderate income developments.

OPEN FORUM

1)Scheduled request to address

2)Non-scheduled request to address

Representative Long informed the Council that he recently
attended a meeting regarding the funding of education, which deals with the inequities
between school and municipal employee contracts.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)Town Administrator’s report
(attached)

------------------------------------

Town Administrator's Report

October 27, 2003

The
following report consists of items of general interest to the Council. I will
be pleased to provide any additional clarification or information you require.

I
received a call from Sav Rebecchi, governmental report for the new local
newspaper 02835. Mr. Rebecchi asked if I would be interested in participating
in a biweekly column for the new paper. I found the idea interesting and agreed
to participate. The column will discuss current or topics relating to town
government. The first column will discuss the upcoming change in the town's
fiscal year and is scheduled to appear in the November 5th edition.

I
have received notification from both the Police Union, and the Department of
Public Work's union to commence negotiations. Both union contracts expire on
February 29, 2004. During the next two weeks I will be working on proposals for
both contracts and will be prepared to discuss those with the Council in
executive session at the November 10th council meeting.

Chief
Tighe will be returning to work on November 3d.Currently he is available by
phone for his senior officers and myself.I look forward to having a full compliment of department heads.

The Town Administrator informed the
Council that the Finance Director wouldbe forwardinga letter to the Auditor General regarding the
sixteen month budget as previously requested by the Council.

Community Center Furnace

The Town Administrator informed the Council that a new
furnace has been ordered for the Community Center to replace one of the three
furnaces.There will be a study of the
heating system at the Community Center to determine the needs and cost for
upgrading the system.

Representative Bruce Long presented the Council with a
copy of the legislation enacted whereby the Jamestown Town Council has the
authority to appoint a non-voting member to the Quonset Davisville Management
Corporation.

It was moved by Councilor Long, seconded by Councilor
Ferguson to appoint Dennis Webster to the Quonset Davisville Management
Corporation.So
unanimously voted.

b)Establish
duties of appointee

It was moved by Councilor Settipane, seconded by Council
President Littman to request that the Town Solicitor review the charge and term
limit for the appointment to the Quonset Davisville Management Corporation and
report back to the Council at the next Town Council meeting on November 10, 2003.So unanimously voted.

It was moved by Councilor Settipane, seconded by Councilor
Long to accept the memorandum from the Chair of the Conservation
Commission.So
unanimously voted.

5)Library Board of Trustees

a)Letter
from chairman re: reappointment

It was moved by Councilor Long, seconded by Councilor
Settipane to accept the letter from the Chair of the Library Board of
Trustees.So
unanimously voted.

6)Water Study Committee

a)Appointment
of David Swain (per Councilor Settipane)

Council members recognized Mr. Swain’s participation and
contribution to the Water Study Committee.Following a discussion on the advertising procedure in place for
committee appointments, it was moved by Councilor Settipane, seconded by
Councilor Long to instruct the Town Clerk to advertise for a position on the
Water Study Committee.So unanimously voted.

UNFINISHED BUSINESS

1)Board of Water and Sewer (cont. from 10/20/2003)

a)Award
bid for Pump Station Rehabilitation Project

The Town Administrator requested that
the bid award for the Pump Station Rehabilitation Project be continued to the November 10, 2003 Town Council
meeting.

It was moved by Councilor Settipane,
seconded by Councilor DiGiando to accept the report from the Town
Solicitor.So
unanimously voted.

No action taken.

The Town Solicitor suggested that Mr.
Parks meet with the Chairperson of the Tree Preservation and Protection
Committee to review the ordinance and answer any questions the committee may
have.

3)Public Access and Maintenance to
Rights-of-Way (cont. from 09/22/2003)

a)Town Solicitor report

Council President Littman reviewed the
opinion submitted by Solicitor A. Lauriston Parks; that opinion being, the
question of regulating public access and related activities should, in the
first instance, be considered initially by the Harbor Management Commission and
then perhaps, if necessary, by the Planning Commission and the Conservation
Commission.

Town Solicitors Harsch and Parks
reviewed information from prior efforts on the subject mainly directed at the ShoresBeach.There is a great deal of verbiage already in
the Harbor Management Plan that directly addresses these issues in a general
manner and it is the suggestion of the Town Solicitor that this be considered
in that context.

Councilor Long indicated that he was
leaning towards the Harbor Management Commission monitoring the rights-of way,
with the Commission reporting to the Town Administrator as to when accesses
need to be cleaned or maintained.Councilor Long stated that the Recreation Department is not equipped to
maintain these areas.

Council President Littman noted that
other considerations are regulations for parking and possible preference for
residents at areas such as Park Dock and the ShoresBeach.However, it should be handled
comprehensively.

Councilor Settipane stated that this
is two fold, with public access being a commonality.However, there are some specific or unique
problems that must be addressed.Park
Dock is located on a dead end street with five parking spots.These areas need to be assessed and they
should be addressed in the Harbor Management Plan.Also, Councilor Settipane agreed with the
Town Solicitor in addressing public access more globally.Councilor Settipane suggested that the
Council make decisions relating to specific areas such as Park Dock.Councilor Settipane asked if parking could be
limited to two spaces for statewide use and limited hours.Councilor Settipane suggested reviewing the
revised RIDEMParks
and Recreation Regulations and mirror some of those regulations.

Council President Littman suggested
that the Council submit ideas to the Town Solicitor for his review.

There was additional discussion by
the Council in review of their concerns.

The Town Administrator suggested that
she obtain a copy of the rules and regulations from RIDEM and be allowed to
review the concerns of the Council and those rules and regulations with staff
members and report back to the Council with a draft policy or
recommendations.

Councilor Long requested that Town
Solicitor Parks be included drafting a policy or recommendations.

Christopher Powell suggested that a
member of the public work with the Town Administrator.

Dennis Webster suggested that the
Comprehensive Community Plan be looked at to see who was primarily given the
responsibility for rights-of-way.

It was the consensus of the Council
that the Town Administrator and Town Solicitor forward a report to the Council
by December 8, 2003.

4)Town Council work session

a)Friday,
December 5, 2003 (all day) for Council’s consideration

It was the consensus of the Council
to hold the Town Council all-day work session on December 5, 2003.

COMMUNICATIONS

None

NEW BUSINESS

1)Event Application:

a)Jamestown
Rotary Club to display holiday lights on Narragansett
Avenue from November 29, 2003 to January 3, 2004.If favorable grant request subject to the resolution
of debts, taxes and appropriate signatures.

It was
moved by Councilor Long, seconded by Councilor Ferguson to allow the Jamestown
Rotary Club to display holiday lights on Narragansett
Avenue from November 29, 2003 to January 3, 2004.,
subject to the resolution of debts, taxes and appropriate signatures.So unanimously voted.

2)Victualing License Renewal Applications

a)Department of Health re: list of
current establishments

It was
moved by Council President Littman, seconded by Councilor Ferguson to accept
the list of current establishments from the Department of Health.So unanimously voted.

The Town
Clerk informed the Council that pursuant to Rhode Island General Law, the
applications for extended hours for Cumberland Farms Store #1108 and the
Jamestown Xtra Mart must be advertised for public hearing.Therefore, the Town Clerk requested that
those applications be removed from the Council’s consideration.

The Town
Solicitor advised that a Victualing License application for extended hours must
be advertised three times prior to a hearing.Additionally, the Town Solicitor noted his concern regarding state
corporations without in-state agents for service.

It was the
consensus of the Council that the Town Clerk would advertise for a hearing to
be held on November 24, 2003
for Victualing License renewals with extended hours for Cumberland Farms Store
#1108 and Jamestown Xtra Mart.

It was
moved by Councilor Settipane, seconded by Councilor Long to approve the
Victualing License Renewals for the remaining applicants, subject to the
resolution of debts, taxes and appropriate signatures.So unanimously voted.The licenses renewed are as follows:

Ace’s
Pizza

The Cove
Grill*

Del’s
of Jamestown *

East Ferry
Deli & Market

Freddie
Bing’s Hotdog Thing*

McQuade’s
Supermarket

PekingGarden

Theatre
Family Restaurant

Village
Hearth

3)Multi-License Renewal Applications including Victualing
License

a)House of Pizza

i)Victualing & Pinball/Video Game
(1)

It was moved by Councilor Settipane, seconded by Council President
Littman to approve the Victualing and Amusement Multi-License Renewal
Application for BADA Bing, Inc., d/b/a House of Pizza for the period of December 1, 2003 through November 30, 2004, subject to the
resolution of debts, taxes and appropriate signatures.So unanimously voted.

4)Bingo
License Renewal

a)Letter from Mary McGirr re: waiving
Bingo License fee

b)Bingo License renewal

It was
moved by Council President Littman, seconded by Councilor Long to renew the
Bingo License for the SeniorCenter
and Pemberton Apartments Community Room from December 1, 2003 through November 30, 2004 and to waive the $100.00 renewal fee,
subject to the resolution of debts, taxes and appropriate signatures.So unanimously voted.

EXECUTIVE SESSION

Previously held at 6:00 PM.

There being no further business before the Council, it was
moved by Councilor Settipane, seconded by Council President Littman to adjourn
at 9:30 PM.So unanimously voted.